In accordance with the Federal Law "On Enforcement Proceedings":
Article 68. Enforcement measures
1. Compulsory enforcement measures are the actions specified in the executive document, or the actions performed by the bailiff in order to obtain property from the debtor, including funds to be recovered under the executive document.
2. Enforcement measures are applied by the bailiff after the initiation of enforcement proceedings. If, in accordance with this Federal Law, a period is established for the voluntary fulfillment of the requirements contained in the executive document, then enforcement measures are applied after the expiration of such period.
3. Enforcement measures are:
1) foreclosure on the debtor's property, including cash And securities;
2) foreclosure on periodic payments received by the debtor due to labor, civil law or social legal relations;
3) foreclosure on the property rights of the debtor, including the right to receive payments under enforcement proceedings in which he acts as a claimant, the right to receive payments for hire, lease, as well as exclusive rights to the results of intellectual activity and means of individualization, the right to claim under contracts for the alienation or use of the exclusive right to the result of intellectual activity and means of individualization, the right use of the result of intellectual activity or means of individualization, owned by the debtor as a licensee;
4) seizure from the debtor of property awarded to the recoverer, as well as according to the executive inscription of the notary in the prescribed federal law cases;
(as amended by Federal Law No. 306-FZ of December 30, 2008)
5) seizure of the debtor's property, which is with the debtor or with third parties, in pursuance of a judicial act on the seizure of property;
6) applying to the registering authority to register the transfer of the right to property, including securities, from the debtor to the recoverer in the cases and in the manner established by this Federal Law;
7) performance on behalf and at the expense of the debtor of the action specified in the executive document, if this action can be performed without the personal participation of the debtor;
8) forced move-in of the exactor in the dwelling;
9) forced eviction of the debtor from the dwelling;
10) forced release non-residential premises from the stay of the debtor and his property in it;
(Clause 10 as amended by the Federal Law of December 28, 2013 N 441-FZ)
10.1) forced expulsion from Russian Federation foreign citizens or stateless persons;
(Clause 10.1 was introduced by Federal Law No. 410-FZ of December 6, 2011)
10.2) forced release land plot from the presence of the debtor and his property on it;
(Clause 10.2 was introduced by Federal Law No. 441-FZ of December 28, 2013)
11) other actions provided for by federal law or an executive document.
In accordance with Art. 157 of the Criminal Code, malicious evasion of the payment of funds for the maintenance of children or disabled parents
1. Malicious evasion by a parent of payment by a court decision of funds for the maintenance of minor children, as well as disabled children who have reached the age of eighteen, -

(as amended by Federal Law No. 420-FZ of 07.12.2011)
2. Malicious evasion by adult able-bodied children from paying, by a court decision, funds for the maintenance of disabled parents -
shall be punishable by correctional labor for a term up to one year, or forced labor for the same term, or arrest for a term up to three months, or imprisonment for a term up to one year.

2. In the event that the details of the debtor's accounts are unknown, the bailiff sends a resolution to the bank or other credit organization to search for the debtor's accounts and seize the debtor's cash accounts in the amount of the debt determined in accordance with Part 2 of Article 69 of this Federal Law.

Do bailiffs have the right to seize property that does not belong to the debtor?

If the bailiffs suddenly described the property that does not belong to the debtor, it is necessary to apply to the court with a claim for the release of things from arrest. Having recognized the actions of the bailiffs as unlawful, the seized property will be returned to the owners. You can also claim compensation for moral damages.

Arrest of the debtor's property by bailiffs at the place of residence

For example, citizen K. has an overdue loan agreement. He does not live at the place of registration with his parents, but separately. Can bailiffs describe the property of the parents at the place of registration of the debtor, which has nothing to do with the latter?

What can a bailiff take for debts

• Perhaps the debtor is unable to pay the debt due to illness, medical treatment or maternity leave.
• Copies of payments confirming monthly transfers are also attached here: public utilities, loans from other banks.
• The debtor must calculate and offer the schedule of debt repayment that will be convenient for him, taking into account all payments. However, you should try to offer an adequate schedule, otherwise the deferment will be denied.

residential premises (its parts), if for a citizen-debtor and members of his family living together in the premises owned, it is the only premises suitable for permanent residence, with the exception of the property specified in this paragraph, if it is the subject of a mortgage and on it in accordance with mortgage legislation, foreclosure can be levied;

Can bailiffs seize property if the debtor is on maternity leave

You probably know that the bailiff has the right to impose a penalty on part wages and other official income of the debtor. The maximum bailiff has the right to withhold from wages to pay off the debt no more than 50% of wages. By the way, there is an exception here. When it comes to repaying alimony arrears, the bailiff has the right to withhold up to 70% of the debtor's total income.

Which accounts cannot be arrested by bailiffs

Usually, the confiscation of property or the seizure of a bank account is a radical measure that bailiffs do not immediately resort to. The most efficient method enforcement money from the debtor - the appeal of measures to his bank cards or accounts. Bailiffs can withdraw money from the debtor's card, and also have the official right to arrest it. Until recently, this procedure required several days to implement, during which time the debtor could quickly transfer money to other accounts, which complicated enforcement proceedings. Now accounts are arrested remotely, through an electronic database of documents. The bailiffs give instructions to the banks, which they must fulfill within 1 working day.

If bailiffs have seized an account or an apartment in a mortgage - what to do

These things happen. They can be considered as illegal actions on the part of bailiffs under one condition. If the creditor, in whose favor the recovery is carried out with the help of the bailiff service, does not have any advantages over the real estate mortgage bank. Currently, the issue of priority between the mortgagee lender and young children entitled to alimony is debatable.

Arrest of the debtor's property by bailiffs

Despite the fact that after the opening of the IP, the defaulter is given 5 days to voluntarily repay the debt, his property may be arrested before the expiration of this period. That is, the bailiffs have the right to describe the property of the debtor literally on the first day after the initiation of the IP.

Arrest of property not belonging to the debtor

In practice, the direct organizer of the property seizure procedure is the creditor, whose representatives can control the procedure for the seizure of the assets of their debtor. The arrival of the team, which must necessarily include two witnesses, usually falls in the morning, when everyone still has not had time to go to work.

What can bailiffs take for credit debts

There are several ways to save the rest of the property subject to inventory from arrest. The first is to bring all the valuables to the dacha or transfer them to acquaintances, friends, etc. This option is suitable if you know exactly the date of arrival of the bailiff. Otherwise, it would be foolish to transport permanent items (washing machine, TV, refrigerator, etc.) for an indefinite period to the country.

Seizure of the property of the debtor of the FSSP - grounds and property not subject to seizure

The arrest of the only housing is carried out if the object does not belong to residential premises. For example, country house or a garage. Such a property may be adapted for year-round family living, but it will not meet current sanitary requirements.

Can bailiffs seize property if the debtor is on maternity leave

And I answer - COULD! Let's tell you why. Look, on the one hand, the bailiff does not have the right to foreclose on alimony, including those that come to plastic card debtor. But, on the other hand, the bailiff, when recovering money from the accounts and deposits of the debtor, is not obliged to check the source of this money. For him, all money is impersonal, and it does not matter that it is alimony. The bailiff does not see this, but he sees only a bank account (or card account), and the money coming to him. This is enough for the bailiff.

What can bailiffs take for loan debts and when can they take away an apartment for credit debt

On the basis of the legislation, civil servants have the right to take only the property of the defaulter to pay off the debt. If the amount to pay the debt is not enough, parts of the common property acquired with the spouse may be requested. It turns out that if the spouses divorced, but did not apply for the division of property, the bailiff may request half of the living space that was purchased during the marriage.

Arrest of the debtor's property by bailiffs: grounds, exceptions

The debtor's property is seized by a bailiff in the presence of two witnesses. Seizure of property is not carried out at the same moment as the inventory was made. Most often, part of the items remains with the debtor in storage, the other part is sent to the auction for its speedy sale. On the property, after the arrest, a restriction of the right to use is imposed. It is not allowed to sell it under a sale and purchase agreement, to give it as a donation and to alienate it. For violation of the restriction, the debtor is subject to criminal liability.

1. A question about alimony. Good evening. The situation we have is this: I divorced my first husband. In 2014, in August, I got married a second time, went to live in another city. In the same year, they leshed in court ex-husband parental rights to his son and awarded alimony, the court decision entered into force in December 2014. executive production and performance list also from 2014. In 2015, the second husband filed documents with the court for the adoption of my son, the court decision entered into force in January 2016. After the adoption, she called the bailiffs to find out how things were going, told about the adoption, that the alimony was only for that period from deprivation of rights to adoption. As a result, they couldn’t answer anything intelligibly, I didn’t bother the bailiffs for some period, in 2017 I gave birth to my second child, there was no time to deal with issues of alimony, so in the end I called at the end of 2018 at the beginning of 2019 (I don’t remember exactly), the bailiff who handled our case on maternity leave, there was another person in her place, she told me that the case was closed, I asked on what basis, she tried to explain something indistinctly, in the end she asked if there was no transfer to you, I said that no, in the future, she nevertheless resumed the enforcement proceedings, said that they would search, make inquiries and all that, because the ex-husband does not live by registration. She asked me to call and ask. I called again, it turned out that the former bailiff came out of maternity leave, she calculated how much her ex-husband owes alimony for the year, they arrested cards, a ban on traveling abroad, she phoned my ex-husband and invited him to her place, he came, said , who lives in a neighboring city, is married and has two children, said that he did not work anywhere and could not find work, but would try to pay. My friend saw him in the mall behind the counter, told me (this was already after he visited the bailiff). I reported this to the bailiff. Subsequently, the bailiff cannot get through to my ex-husband, does not know where and how to find him. I wondered why she did not ask him for the address of his actual residence. As a result, I called again and asked about criminal liability for non-payment of alimony, to which I was told that there was no case for which to attract him, there was no criminal liability, there was an administrative office, but if you write about it, we will send you a refusal, because the ex-husband only owes a year and he does not fall under this law, article 157 of the Criminal Code of the Russian Federation. Please tell me what should I do in such a situation, is it the inaction of the bailiffs, that they do not want to work, or is it really so that there is nothing left but to wait?
Thank you in advance!

1.1. Irina, I recommend that you contact the bailiffs and get a copy of the enforcement proceedings (from cover to cover). For that, go to court and seek compensation from the Russian Federation for the inaction of the bailiffs.

2. She divorced her husband, has two children, 11 months and 2.4 years old. I filed for alimony, the court awarded for each child 1/6 of the earnings but not less than 4,000 rubles and for my maintenance (I am on maternity leave) 2,000 rubles until the youngest child is three years old. The ex-husband has a small official salary, 12,000-13,000 rubles, in fact, more than 3 times. This month, for the first time, alimony came from work, only 5,700. The husband also has a child from a previous marriage, to whom he previously transferred money 4,000-5,000 rubles. by agreement, and not on a writ of execution, this month a writ of execution was brought to his work and the accountant said that she could withhold no more than 70% of the salary for all isp. sheets. In addition, he filed an appeal for alimony for my maintenance. How much should I transfer alimony in this situation, would it be better to attribute the Spanish. sheets to bailiffs to receive the entire amount awarded? The undertransferred amount will accumulate and how to claim it?

Lawyer Zakharova I. A., 2870 responses, 2054 reviews, online since 07/17/2018
2.1. More than 70% of wages are not allowed to be withheld. The debt will be retained even after the end of the payment of alimony.

3. Is it possible to go abroad if there is a writ of execution, but I am on maternity leave and do not pay, because there is no income.

3.1. Unknown. But in these cases it is possible.

Article 67

1. The bailiff shall have the right, at the request of the recoverer or on his own initiative, to issue a decision on a temporary restriction on the debtor's departure from the Russian Federation in case of non-fulfillment by the debtor-citizen or the debtor who is individual entrepreneur, within the period established for voluntary execution, without good reason, of the following requirements contained in the enforcement document issued by the court or being a judicial act:
1) claims for the recovery of alimony, compensation for harm caused to health, compensation for harm in connection with the death of the breadwinner, property damage and (or) moral damage caused by a crime, if the amount of debt under such an executive document exceeds 10,000 rubles;
2) non-property claims;
3) other claims, if the amount of debt under the executive document (executive documents) is 30,000 rubles or more.

4. Please, if I have a percentage of wages calculated on the executive sheet. In the case of my maternity leave, will there be a deduction from the maternity leave and, accordingly, sick leave? Thank you in advance.

Lawyer Malykh A.A., 138406 responses, 49412 reviews, online since 12/29/2001
4.1. No.

Federal Law No. 229-FZ of October 2, 2007 (as amended on March 6, 2019) "On Enforcement Proceedings" (as amended and supplemented, effective from March 17, 2019)

12) benefits to citizens with children, paid at the expense of federal budget, state off-budget funds, budgets of subjects of the Russian Federation and local budgets;

They do not have the right to withhold from benefits in accordance with Article 101 of the Federal Law of October 2, 2007 N 229-FZ "On Enforcement Proceedings". If they do this, then this is a reason for a complaint to the prosecutor's office in accordance with Article 10 of the Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation":
1. Applications, complaints and other appeals containing information about violations of laws are allowed in the bodies of the prosecutor's office in accordance with their powers. The decision taken by the prosecutor does not prevent a person from applying to the court for the protection of his rights. A decision on a complaint against a sentence, decision, ruling and ruling of a court may be appealed only to a higher prosecutor.
2. Applications and complaints, other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation.

3. The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the applicant must be explained the procedure for appealing decision, as well as the right to apply to the court, if such is provided by law.

4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice those who have committed offenses.

5. It is prohibited to send a complaint to the body or official whose decisions or actions are being appealed.

Lawyer Cherednichenko V.A., 193263 responses, 73802 reviews, online since 05/12/2015
14.2. They cannot be withheld from maternity benefits in accordance with the Federal Law "On Enforcement Proceedings"
But you need to send a letter to the bailiff service stating that the employee is on maternity leave from such and such a date, has no income that can be levied, so there will be no transfers.

Lawyer Frolov S. V., 6139 responses, 3327 reviews, online since 02/15/2018
14.3. By virtue of Article 15 of the Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Motherhood", accrual is carried out within 10 days, payment in accordance with Art. 136 of the Labor Code of the Russian Federation - 2 times a month according to the terms of payment of salaries.
By virtue of Art. 101 FZ of October 2, 2007 N 229-FZ "On Enforcement Proceedings" - no deductions are made from benefits. It is possible to appeal to the prosecutor's office in accordance with Article 10 of the Federal Law of January 17, 1992 N 2202-I "On the Prosecutor's Office of the Russian Federation":

14.4. Hello dear Ekaterina!
Firstly, You will not be able to go on maternity leave, and you will also not be able to get maternity leave, since in our Russian legislation and in the Labor Code of the Russian Federation (briefly - the Labor Code of the Russian Federation) there are no such concepts as "decree", "maternity leave" and "maternity leave".
The very concept of maternity leave in the USSR first arose in 1917, when the Council of People's Commissars (SNK) adopted the Decree "On Benefits for Pregnancy and Childbirth", but even in this Decree there are no such concepts as "maternity leave".
Article 255 of the Labor Code of the Russian Federation provides for those working on employment contract pregnant women maternity leave.
Article 256 of the Labor Code of the Russian Federation provides for parental leave until the child reaches the age of three years for parents, grandparents.
Secondly, you cannot have sick leave, since they also do not exist in our Russian legislation.
At temporary disability in accordance with the Procedure for issuing certificates of incapacity for work, approved by the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624 n, a citizen (employee) is issued certificate of incapacity for work.
Third, upon going on maternity leave in accordance with Article 255 of the Labor Code of the Russian Federation, you must be paid maternity benefits at work on the basis of a disability certificate within the time limits established by Federal Law of December 29, 2006 N 255-FZ "On Compulsory Social Insurance for case of temporary disability and in connection with motherhood.
Fourth, Article 101 of Federal Law No. 229-FZ "On Enforcement Proceedings" defines the types of income that cannot be levied.
Article 101. Types of income that cannot be levied
1. Recovery cannot be directed to the following types income:
1) amounts of money paid in compensation for harm caused to health;
2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;
3) amounts of money paid to persons who have received injuries (wounds, injuries, contusions) in the course of their performance official duties, and members of their families in the event of death (death) of these persons;
4) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters;
5) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;
6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation certain categories citizens (compensation for travel, purchase of medicines, etc.);
7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;
8) compensation payments established by the legislation of the Russian Federation on labor:
a) in connection with business trip, with transfer, admission or assignment to work in another locality;
b) in connection with the wear of the tool belonging to the employee;
c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;
9) insurance coverage on compulsory social insurance, with the exception of the old-age insurance pension, the disability insurance pension (taking into account the fixed payment to the insurance pension, increases in the fixed payment to the insurance pension), as well as funded pension, urgent pension payment and temporary disability benefits;
(as amended by Federal Law No. 216-FZ of July 21, 2014)
10) survivor's pensions paid out of the federal budget;
11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;
12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of the constituent entities of the Russian Federation and local budgets;
13) maternity (family) capital funds provided for by Federal Law No. 256-FZ of December 29, 2006 "On Additional Measures of State Support for Families with Children";
14) lump sum financial assistance paid at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, extra-budgetary funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources:
a) in connection with a natural disaster or other emergency;
b) in connection with a terrorist act;
c) in connection with the death of a family member;
d) in the form of humanitarian aid;
e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;
15) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen years old to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;
16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;
17) social benefit for burial.
2. For maintenance obligations in respect of minor children, as well as for obligations to compensate for harm in connection with the death of the breadwinner, the restrictions on foreclosure established by clauses 1 and 4 of part 1 of this article shall not apply.
The prosecutor's office will not return the money that is deducted from you according to the executive document, and therefore you need to declare this yourself in your accounting department and the bailiff.
Good luck to you.

15. Calculate accounting 50% of the writ of execution from my maternity leave 70 days before delivery and 70 days after.

Lawyer Stepanov A. E., 35394 responses, 23838 reviews, online since 07/21/2017
15.1. Lena, your accountant should be hit on the head.

Maternity allowance, paid shortly before the expected date of birth - in the last stages of pregnancy;
a one-time allowance in connection with the birth of a child;
allowance for caring for a child up to 1.5 years, which is paid monthly from the moment the baby is born;
monthly allowance for the care of a minor aged 1.5 to 3 years.
Nothing should be deducted from any of these incomes. Alimony is not collected from maternity leave.

16. My husband took out a loan, i.e. I registered my wife as a guarantor, now we are divorced, I didn’t pay the loan, a court decision was made to pay the loan under the writ of execution, my account was arrested, I’m on maternity leave, can the bailiff revoke my writ of execution if the ex-husband starts paying the loan?

Lawyer Belousov S.N., 91442 responses, 34146 reviews, online since 04/05/2009
16.1. Hello.

No, of course it can't.

In my accounting department there is a writ of execution from the bailiffs, about the deduction of 50% of wages, the accounting department, as expected, withholds and transfers. But I'm going on maternity leave from September 16th. Can you please tell me if the accounting department will withhold 50% of the maternity pay? If not, then what needs to be done, written, and to whom to provide what? Thank you very much in advance! Read answers (1)

17. The writ of execution is in the hands of the ex-husband ... have not lived with the ex-husband since September 2016. I was on maternity leave, the child was at that time 3.1 years old in February, divorced after the divorce, immediately filed for alimony. Payments began to arrive with a delay of 4 months, but in the amount for the overdue months. Another mistake is that I gave the writ of execution to non-bailiffs and enforcement proceedings were not opened. Now the question is whether they can collect alimony from the moment when they did not live? How to return a writ of execution from my ex-husband’s work, I want to give it to the bailiffs so that they check where he works and collect from all income, the personnel department at the place of work of the ex-husband refused to give it to me, referring to the fact that alimony is paid, in court they said they couldn’t demand it back, a duplicate is also issued only in case of loss, and then they are paid, which means it is not lost ... The bailiffs said we can’t help you, you didn’t apply initially ... What to do? I know if he quits, then the staff will have to send a writ of execution back to the court, but in fact he already quit and they handed him over ...

Lawyer Zotov V.I., 36842 responses, 15126 reviews, online since 07/11/2009
17.1. Hello, dear Svetlana!
Firstly, You need to familiarize yourself with the Family Code of the Russian Federation (briefly - the RF IC), with Federal Law No. 229-FZ "On Enforcement Proceedings", and then legally and stubbornly protect the interests of the child and your own, taking into account the provisions of these regulations.
Secondly, to the Employer, you need to prepare an Application with links to the articles of the indicated regulatory acts on the return of a writ of execution to you (maybe they no longer have it, because your ex-spouse managed to appropriate it to himself by agreement with colleagues ...). And if you do not get it back within the prescribed time, then go to court.
If the writ of execution is lost at the place of work of the alimony debtor, then they can be punished on the basis of the Code of Administrative Offenses of the Russian Federation.
After receiving the writ of execution in your hands with the application, send it to the Bailiff Service and then control the work of a particular bailiff on the basis of Article 50 of Federal Law No. 229-FZ.
On this topic, I have an article on my page in the "My publications" section.
All the best.

18. Haven’t lived with my ex-husband since September 2016. I was on maternity leave, the child was 3.1 years old at that time in February, divorced after the divorce, immediately filed for alimony. Payments began to arrive with a delay of 4 months, but in the amount for the overdue months. Another mistake is that I gave the writ of execution to non-bailiffs and enforcement proceedings were not opened. Now the question is whether they can collect alimony from the moment when they did not live? How to return a writ of execution from my ex-husband’s work, I want to give it to the bailiffs so that they check where he works and collect from all income, the personnel department at the place of work of the ex-husband refused to give it to me, referring to the fact that alimony is paid, in court they said they couldn’t demand it back, a duplicate is also issued only in case of loss, and then they are paid, which means it is not lost ... The bailiffs said we can’t help you, you didn’t apply initially ... What to do? I know if he quits, then the staff will have to send a writ of execution back to the court, but in fact he already quit and they handed him over ...

Lawyer Piterov V. N., 11302 responses, 5953 reviews, online since 04/11/2016
18.1. Svetlana, they cannot return the writ of execution to you. you can revoke the sheet. Write an application addressed to the director to return the writ of execution to you, in case of refusal, write a complaint to the prosecutor's office.
For the past time, you will be able to recover alimony if you have previously applied to the court with an application for a court order or a notarized agreement on the payment of alimony has been signed between you.
For late payment of alimony, you can collect a penalty of 0.1% for each day of delay.

19. I am on maternity leave, I received a writ of execution. Can I withhold money from maternity payments?

Lawyer Chuprina P. N., 82 responses, 68 reviews, online since 28.08.2018
19.1. Good evening!
There is such a possibility. Especially if the bailiff will search for and arrest in accounts banking organizations. These are the so-called enforcement measures. If this happens, then you need to inform the bailiff about this in writing.
Sincerely, and good luck to you!

19.2. The bailiff must urgently provide a document from the payer of benefits to which account the money is transferred and to which bank. From the bank, too, confirmation of receipts and, through a statement, ask to remove the arrest from this account. (Article 101 of the Federal Law "On Enforcement Proceedings").

20. I took out a loan at Probusiness Bank in 2014 for 70,000 rubles, paid until 2015, then the bank was closed. No details or notifications were sent about where to pay. I didn't pay. In April 2018, I received a letter from the insurance company stating that I needed to pay the loan in full and fines and penalties, but I did not have such an opportunity to pay everything right away, and it was not my fault that everything happened. In May, I went on maternity leave, I am an unmarried mother of 2 children. The insurance company filed a lawsuit, a court order came out about which I was not aware at all, and this court order did not reach me like that, and now a writ of execution has come from the bailiffs in the amount of 132,000 rubles, so that I pay voluntarily within 5 days .. I do not have such an opportunity to pay, because I am on maternity leave and my allowance is 14,000 rubles per month. Can I appeal the decision of a court order that has not reached me? And can I also appeal the enforcement proceedings? And where should I start? What documents are required? Help me please.

Lawyer Petrov O. V., 50 responses, 52 reviews, online since 11.02.2019
20.1. Hello! You can write an application to cancel the court order, after which it will be canceled. After the cancellation of the court order, you must contact the bailiff service and they will stop the enforcement proceedings. After the cancellation of the court order, you will be served in district court, penalties under the loan agreement are likely to be reduced. Unfortunately, your lack of information about where to pay after the bank closes will not be the basis for refusing to collect loan debt and interest from you.

Lawyer Yarullina L.A., 635 responses, 250 reviews, online since 02.10.2014
20.2. Hello! You must apply to the court that issued the order to have the order set aside. After the cancellation of the court order, the enforcement proceedings at the bailiffs are terminated. Further consideration statement of claim the collection of debt from you will occur with your notice and summons to court, where you can state your arguments.

I am a soldier, I am on maternity leave, I receive 10,000 rubles. per month, so I can’t pay utility bills for commercial housing (14,000 per month), Teploseti LLC sent a request to the ERC to deduct utility bills from maternity without a court decision. Is it legal? And how to influence the ERC, so that they would stop deducting money without a writ of execution. Read answers (1)

21. I am on maternity leave. Can I receive a writ of execution on my husband's work loan?

Lawyer Tuganbaev S. M., 124 responses, 48 ​​reviews, online since 02/08/2016
21.1. Good time, no, your loan, if he is not a co-borrower, will not come to work for him.

22. Such a question: my daughter is in a position, soon on maternity leave, how will maternity pay be calculated for her? Since she has a writ of execution at work, maternity pay is calculated from the full salary or minus the amount that was deducted to the bailiffs? Thank you.

Lawyer Koporulina A. A., 408 responses, 282 reviews, online since 04/05/2018
22.1. Viktor Olegovich, good afternoon. The presence of the executive document and its execution does not affect the calculation of benefits. When calculating it, the entire amount of income will be taken into account.

23. A writ of execution came to work, I went on maternity leave. Must accrue maternity payments, can an accountant list them as payment for a writ of execution? Is it legal? You can somehow appeal it, but the bailiffs will not return the money just like that.

Lawyer Ivleva L. A., 3609 responses, 2033 reviews, online since 08.11.2018
23.1. Hello. Benefits for pregnancy and childbirth are not recoverable under a writ of execution.

24. I am on maternity leave for up to 3 years, I went on vacation, I received 4 thousand vacation pay, I wrote an application for compensation more, it turns out 18 days of vacation and 10 days of compensation, the amount of 20,000 thousand should have come, but it came 4, this is already not 50% is obtained, but I don’t understand why, the accountant told me that 3 writ of execution came, is it 50% chtoli removed from each sheet? I can not understand.

24.1. Hello, dear visitor of the site, everything depends on the amount of the charge, but not more than 50%

25. Can the accounting department be withheld from maternity leave on a writ of execution for loans.

Lawyer Zabrodin A. N., 1668 responses, 1237 reviews, online since 10/13/2016
25.1. Types of income that cannot be foreclosed
Article 101 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings”. Subclause 9, part 1 of the said article establishes that bailiffs cannot foreclose on compulsory social insurance coverage, with the exception of the old-age insurance pension, disability insurance pension (taking into account the fixed payment to the insurance pension, the increased fixed payment to the insurance pension), as well as funded pension, urgent pension payment and allowance for temporary disability.
The types of insurance coverage for compulsory social insurance are specified in paragraph 2 of Article 8 of the Federal Law of July 16, 1999 No. 165-FZ “On the Basics of Compulsory Social Insurance” and in Article 1.4 of the Federal Law of December 29, 2006 No. 255-FZ “ On compulsory social insurance in case of temporary disability and in connection with motherhood. According to the provisions of these articles, maternity allowance (so-called maternity allowance), monthly allowance for child care, lump-sum allowance for women registered in medical organizations in the early stages of pregnancy, a one-time allowance for the birth of a child are independent types of provision for compulsory social insurance, not specified in the exceptions of Article 101 of the Federal Law “On Enforcement Proceedings”.

Therefore, a claim cannot be made.

Sergei Yuny Barmaleikin, 15881 responses, 855 reviews, online since 10/25/2011
25.2. It is illegal, Article 101 of the Federal Law "On Enforcement Proceedings", but if you do not provide the bailiff with information about the charges and that they are credited to the bank account, then they will be written off in favor of the claimant.

Lawyer Evgrafova E.A., 75007 responses, 28515 reviews, online since 04/17/2010
26.1. Hello. According to Russian law, they do not have the right - Art. 446 Code of Civil Procedure of the Russian Federation.
For Belarus, it is necessary to clarify. But most likely not either.
All the best to you and good luck with your problems.

Sergei Yuny Barmaleikin, 15881 responses, 855 reviews, online since 10/25/2011
26.2. If you do not find in Article 101 of the Federal Law "On Enforcement Proceedings", then they can, when an individual entrepreneur is initiated, or directly submitted by the recoverer to the bank, employer IL.

27. Altaienergosbyt turned off the light. I live in an apartment (mother on maternity leave) and a 2 year old child.
Before that, the lighting workers sued me and withheld the payment on the writ of execution, then Hello!
Altaienergosbyt turned off the light. I live in an apartment (mother on maternity leave) and a 2 year old child.
Before that, the lighting workers sued me and kept the payment on the writ of execution, without turning off the electric power. then again warned about the accumulated debt and filed a lawsuit. I signed an agreement on debt restructuring + partial payment of the debt. After I failed the first payment, the lighting workers handed over the writ of execution to the court. bailiffs and now they deduct 50% (2 tr.) from my maternity leave, but despite this, they cut off my light.


3. Can I request a detailed statement of persons. account., in order to understand where such fabulous sums came from? If so, what articles of the law can I be guided by?


I will read everything myself again warned about the accumulated debt and filed a lawsuit. I signed an agreement on debt restructuring + partial payment of the debt. After I failed the first payment, the lighting workers handed over the writ of execution to the court. bailiffs and now they deduct 50% (2 tr.) from my maternity leave, but despite this, they cut off my light.
1. How legal were their deeds?
2. Who can help me? Maybe the prosecutor?
3. Can I request a detailed HP statement to understand where such fabulous sums come from? If so, what articles of the law can I be guided by?
4. I was denied a second restructuring and partial payment of the debt. without referring to the law. And to my question: "why?" answered "because"
Help me please! I have enough articles and paragraphs of the law
I will read everything myself.

Lawyer Toma A. V., 21790 responses, 10637 reviews, online since 02.11.2016
27.1. Hello dear site visitor,
you can contact a lawyer in private messages for detailed advice and analysis of your documents.

28. Help with advice on how we should be! WITH salary card the spouse began to withhold 50% of transfers (salary, advance payment). On the website of the Savings Bank online hanging debt for credit card from the collection agency EOS. Went to the bailiff. There are no executive orders. The decision of the court was not seen. There was a debt to the Ural Bank (probably sold to collectors). We do not refuse to pay, but not 50% of the transfers. Husband pays 33% alimony. She works alone. Her salary is 15,000. There is no money left, she is on maternity leave, she has two young children. If there was a court decision, then bailiffs should execute it, right? We do not agree to be deducted from the account. Do they have the right to freeze accounts without the participation of a bailiff? We are going to the bank, but I would like to know in advance what we can count on in this situation?

28.1. They could hand over the sheet directly to the bank, most likely there was a court order, you need to find out at the bank what the grounds are. If you can try to cancel the order, restore the deadlines if necessary. Find out first on what basis they are being held, then you already have to think what to do.

29. Please tell me my daughter was brought enforcement proceedings by bailiffs on receipt daughter took money to open a store from a private person 360,000 rubles counted 1,300,000 rubles in 3 months in court, and the case was on January 15, 2016 from bailiffs with 1 child Silela on maternity leave and with 2 now she is on maternity leave, the receipt was not written to her, but her husband took the money with whom he does not currently live, and in the enforcement proceedings the date of initiation is written on April 04, 2018, and the case was actually initiated in January 2016. The daughter accepted the writ of execution and wrote that she did not agree with the date and was on maternity leave for the child of 8 months. How do we proceed with this case or can it be submitted for reconsideration. Thank you SharannZe.

Law firm OOO "Legal status", 633 responses, 478 reviews, online since 11.07.2018
29.1. Hello, a writ of execution can be presented for execution within a fairly long period of time from the moment the court decision was made, there are no violations of the deadline for presentation. Maternity leave does not affect performance, unfortunately. You can only appeal a decision if it was made without notifying your daughter.

30. I am on maternity leave. Two writ of execution came from one bank. Didn't get a court order. The first payment of maternity leave for child care will be only in March next year. What should I do now? If you take the documents to the bailiff that I have not received anything yet, what will he do? And will they withhold funds from child benefits?

Lawyer Shilov V.N., 2322 responses, 1150 reviews, online since 12/11/2004
30.1. If you did not receive a decision (order) from the court, then it turns out that you were deprived of the right to appeal court order. Get the decision in court and appeal it if you don't agree with it.

Lawyer Voronchikhin D. A., 7230 responses, 4632 reviews, online since 11/14/2018
30.2. Look for yourself in the database of executive productions. See what are the grounds for initiating proceedings, if court orders and did not receive them, you can try to cancel them, restore the terms. If orders are canceled, production will be closed.

all payments will go into those penalties, which the court will probably reduce later, i.e. it will just be money thrown away.

Thirdly, offer the bank to terminate the contract in court and collect the debt from you, but then, if possible, you will make payments to the bailiff, it will not be possible, the bailiffs will look for your property.

Good afternoon. Do not try to let any employees into the apartment. If the bank does not go to the signing of an agreement on debt restructuring, let them go to court. The sooner the court decides to collect the debt from you, the less the penalty will be. Next are the bailiffs. Now they can already describe certain property in the apartment (unless you prove that it is not yours), or levy a claim on the salary, when it appears, in general, the bailiff will visit you periodically, but within the framework of the law. At the stage of enforcement proceedings, it is also possible to sign with the bank settlement agreement on the payment of the debt. Don't be afraid of judgment.

Leave a review. Thank you.

Lawyer Online. © www.jurist-online.net,. All rights reserved.

Decree and credit

I'm on maternity leave. What about credit?

Decree and credit are not compatible concepts. The most annoying thing is that bank employees absolutely do not care about what is happening in your life. And with equal perseverance they will intimidate both the man and the pregnant girl, trying to take everything they have from her and her unborn child. If a loan on maternity leave is bothering you, then you should familiarize yourself with the following strategy.

Free legal advice:

How to behave with a loan on maternity leave?

• At the first impudent and indifferent phrase that requires you to re-borrow money or “think up something”, you should stop talking with the bank representative with the words “I’m on maternity leave and can’t pay the loan”, and then reset the incoming call.
• Before you begin to take action, it is recommended not to pick up the phone when an unfamiliar number calls. This hurts your nerves, because as soon as you explain the situation to one representative of the bank, others immediately call you.
• Explain your situation to a legal professional. Speak directly: “I went on maternity leave and have nothing to pay the loan, what should I do?” The chances of you having a debt restructuring and falling behind are very high. And they will definitely help you with this.

“In practice, we do not recall cases in which a bank or a microfinance organization could collect its loan during the borrower's maternity leave. From a professional point of view, this simply does not fit into the head. But many women, not turning to lawyers, provoke sad statistics: there are a lot of cases when bank employees drove pregnant girls to hysteria. And all you had to do was turn to a lawyer for protection with the question: “I have loans and a decree. What to do?""

Alexey Dobrovolsky, credit dispute lawyer

According to unofficial statistics, Russian courts almost never offend pregnant women. This is possible only in the case of serious crimes. On how not to pay a loan on maternity leave, we can advise you for free.

What to do next?

After contacting lawyers and receiving instructions, you need to calmly prepare for the court. The purpose of the process is the official deferment of a loan on maternity leave. This will require a little effort, but we can say in advance that this is a completely solvable issue.

How do we solve this problem?

• We find ways to suspend the loan;
• We stop constant calls to your number.
• We negotiate with the creditor, protecting your rights;

If you're on maternity leave and your credit is getting in the way, you can get free advice right now.

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“There is nothing to pay the loan”: what should the debtor do?

In the life of every person, situations sometimes arise when it is impossible to do without contacting a bank. The reason for this may be the need to purchase an apartment, a car, household appliances or a modern telephone.

When drawing up an appropriate agreement, each borrower tries to calculate their real possibilities. But in life there are unpredictable situations, as a result, the solvency of a person decreases. “And if there is nothing to pay the loan, what to do in this case?” Borrowers are panicking. The women's site "Beautiful and Successful" in this article will try to answer it.

Free legal advice:

What to do if there is nothing to pay the loan to the bank?

Any lawyer in this case will recommend not to panic. Some borrowers who have lost their solvency, after a couple of warning calls from the bank, try to hide from creditors. They simply do not accept incoming calls, do not open their doors to anyone, and very rarely leave the house. The most desperate change their place of residence and phone number. The alarmists are making a mistake.

Firstly, a debtor who refuses to make contact has a much more complicated relationship with the bank.

Secondly, his actions fall under the article of criminal liability. And for this threatens serious punishment. Each borrower in such a situation is better to act strictly according to the law. Here's what to do if there is nothing to pay the bank loan:

1. Come to terms with the fact that the debt must be repaid anyway, because the bank is not a charitable institution.
2. Contact the bank with a written notice of your financial difficulties. This step will convince the lender that he is dealing with a conscientious person, and not a fraudster. At the same time, it is not even necessary to first go to a lawyer for a consultation to draw up such a letter. The bank's specialists usually draw up all the documentation necessary for additional agreements to the contract.
3. In order to confirm that there is nothing to pay the loan, and for some reason the borrower will not be able to change this situation, he must submit the appropriate document to the bank. This can be, for example, a health certificate or an extract from a work book about a reduction in work.
4. Convince the lender that the improvement financial situation loan payments will start to arrive again in due time. After that, listen to all the proposals of the other side regarding the search for a compromise solution.
5. Try to find at least some source of income, for example, turning a hobby into it. In a situation where it is not known what to do, because there is nothing to pay the loan, many are rescued by their favorite business: someone starts selling products carved from wood, someone knits to order, someone goes on a trip as a guide. In any case, if there are no health problems, financial questions it's not that hard to decide.

As a rule, banks go to meet their customers who are in a difficult situation. They can offer him several options for getting out of the situation.

The client has nothing to pay the loan: what does the bank do in this case

As sympaty.net managed to find out, the choice of one or another scheme of actions in different cases may differ.

Free legal advice:

1. If the borrower currently does not have any income, most likely he will be offered a deferment for a certain time. In this case, the amount of the client's principal loan debt will not increase, but the amount of monthly payments after the delay will increase, since the unpaid debt will be distributed over the remaining time.
2. For borrowers whose income has decreased due to objective circumstances, the bank may also postpone the terms of debt repayment, thereby reducing the amount of monthly installments.
3. In exceptional situations, the bank may even reduce interest rate on the loan, which will also lead to a reduction in the amount of payments for the specified periods.
4. In our time of crisis, a client who contacts a bank with a problem like: “I don’t have a job, I have nothing to pay a loan with, what should I do?” - may also offer refinancing. That is, the execution of a new loan, which will be used to pay off an existing debt. In essence, refinancing is a tool to extend the time of debt repayment, move away from unattractive loan conditions or poor bank service on a loan issued earlier.

If the bank does not satisfy the client's request for concessions, it is very important to take all possible measures so that the creditor does not file a lawsuit in court. It should be borne in mind here that a claim is filed when the critical amount of debt on a loan increases.

Therefore, the borrower should try to pay at least half the installments until his financial situation improves.

When asked what to do if there are a lot of loans, but there is nothing to pay, an experienced lawyer can most competently answer. For those who do not have the opportunity to consult such a specialist, you can first try to throw all your strength into paying off the loan, the interest on which is higher, because it is during its delay that the debt will increase to the maximum.

Perhaps, cases when a debt on a loan threatens a woman who has taken leave to care for a baby deserve special consideration.

Mom on maternity leave has nothing to pay the loan: what to do?

A parental leave is just the case when the bank can make concessions to the client and give him a delay in paying off the loan. That is why a woman who is preparing to become a mother needs to find out about the possibility of a delay even before she takes maternity leave.

Free legal advice:

The most important thing in such a situation is to contact the bank in a timely manner, without waiting for calls due to late payments.

I must say that in cases where a woman took a loan on maternity leave, but she has nothing to pay, and she does not know what to do, she very often simply does not make payments for several months in a row. It is because of this that problems arise with a bank that does not agree to give a deferment on a loan if there is a debt. A mother raising a child under the age of one and a half years does not have to worry about the bank going to court: most likely, the bank's claim will not be satisfied.

As a rule, in such cases, the court obliges the financial institution to draw up an additional agreement with debtors, taking into account new circumstances.

But in general, of course, it is better not to enter into legal disputes with banks. And in order to avoid situations in which there is nothing to pay on the loan and it is not known what to do with the debt, you should always remember a few general tips regarding taking loans.

How to avoid problems with paying a loan in the future

For those who have a need to take a loan from a bank, financiers recommend:

1. Don't rush to set up. Typically, banks offer a fairly wide range of loan products that need to be carefully studied and compared. It is recommended to give preference to those options that are characterized by higher security, for example, due to guarantors, collateral, insurance, etc. Usually, such loans are characterized by a lower interest rate.
2. Try to choose a type of loan in which you do not have to pay more than 30% of your salary to the bank every month.
3. Set aside savings. In this case, it will be easier to decide what to do if a person suddenly lost his job and he has nothing to pay the loan. It will be possible to pay monthly contributions partly from savings until a new job is found.

From the problem when there is not enough money to pay the loan, you can also play it safe in the literal sense by contacting a reliable insurance company. Then, even in the event of difficult life circumstances, there will be no problems with debts.

Free legal advice:

In general, of course, it is important not to lose heart and not give up under any difficulties, but to try to ask for help from everyone you can turn to, and then the problem will probably be solved quickly enough.

I can't pay my loan because I'm on maternity leave

To our great regret, employees who are entrusted with such “extortion of debts” over the phone, as a rule, are arrogant and extremely unceremonious individuals.

The answer to the question is the actions that the specialist would take to solve this problem. This is not an instruction for solving all problems, but only general tips and recommendations, however, as practice shows, they are very useful!

I took a loan in 2013 (card) paid monthly. But now she is unemployed and has nothing to pay. The bank does not make concessions. He threatens to sue and describe the property. Tell me what to do in such situations.

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Hello! I have a loan for five years. I paid on time for two years, but at the moment I am not able to pay, as I was left without a job.

What to do if "CreditExpressFinance" bank threatens to sue? I was in arrears on the loan, but I have already repaid everything. How can I prove my innocence?

The norm has become constant calls from bank employees, hiring "specialists in credit debts”, more like racketeers or appeals to collection organizations.

Hello! We very often use the services of a banking organization.

Free legal advice:

There is nothing on the decree to pay the loan what to do

Hello! I took a loan from a Russian standard bank a year ago! Now I'm on maternity leave, before that I worked and paid! Now my husband works alone! they demand to call the full amount. I explain while there is no way to pay .. they talk boorishly to me! I do not know what to do?

Lawyers Answers (3)

Try to apply to the bank to restructure the payment, the bank can meet you and provide you with other facilitated loan payment terms. But keep in mind this is the right of the bank and not its obligation. If you have any questions, please contact me, I will be happy to give you a free consultation.

Have a question for a lawyer?

Contact the bank with a statement that you no longer have the opportunity to pay for debt obligations (in free form), indicate the reasons why you cannot pay, attach documents confirming your income, the bank will be obliged to go to court, and the court will already most likely will decide to withhold in favor of the bank part of your income on account of the debt!

If you do not have money to cover most of the debt at once. then it’s even better for you not to pay, since your payments will be used to repay interest and penalties. Send a letter to the bank in which you ask for a deferral (you will most likely be refused), but this will come in handy in court later. And after that, if possible, save a little money in an account in another bank opened in the name of your husband. You need to wait for the bank to sue (now most banks do not wait, including Russian Standard), but sue. In court, on the basis of Article 333 of the Civil Code of the Russian Federation, you can claim a reduction in penalties, justifying that you were on maternity leave and applied to the bank for a deferment, the court will meet you and reduce the penalty. Only after receiving a court decision, start paying through bailiffs. since the amount of the debt will already be fixed and there will be no crazy penalties.

Free legal advice:

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Sitting on maternity leave, I can not pay the loan

The bank is not interested in where you sit. According to loan agreement You are required to pay monthly. Therefore, the bank has the right to apply to the court with a claim to recover the amount of debt from you.

Oksana, hello. It is necessary to inform the bank in writing about the impossibility of paying the loan according to the payment schedule and ask the bank to restructure the debt. At the same time, it is mandatory to present documentary evidence of the reasons why you are unable to continue paying on the loan in the same amount. This may be a certificate from work on a decrease in earnings (form 2-NDFL), a certificate from the employment center on registration as unemployed, a work book with a record of dismissal, copies of orders, receipts, documents confirming the state of health - all documents will be carefully checked by the relevant departments of the bank.

Hiding, not picking up the phone and doing nothing to solve the problem - in this case, “it’s more expensive for yourself”, this will not save you from fines, they will grow like a snowball, increasing the amount of debt, and you still have to pay them off. In no case do not stop paying completely - deposit at least some amount every month, this will confirm your intention to repay the loan to the bank and, possibly, help to avoid litigation It is possible that the bank will meet halfway and offer new conditions for repaying the loan: cancel some reconsider the size of the monthly payment by increasing the loan term, allow the deferment of the payment of the principal debt or the debt together with interest. If ordinary bank employees refuse, seek a meeting with the overdue debt departments, with the heads of lending departments, and ask for assistance from the management of the bank branch. There are more chances for a positive decision for borrowers who, before the overdue payment, informed the bank about the difficulties that had arisen, provided documents confirming the impossibility of repaying the loan in the same amount, while the borrower has his own clear plan for getting out of a difficult financial situation. .

Free legal advice:

Oksana, In order to solve this problem with the least loss for yourself, the borrower is recommended urgent repayment on a loan, at least part of it, which is agreed in advance with the bank. Of course, the imposition of sanctions, fines and tarnished credit history it is hardly possible to avoid it, but the property will remain intact. Remember, there are no unsolvable situations. For every question you are interested in, there is an answer; you should not wait for notifications from the bank that you are overdue. You need to act on your own to avoid problems.

Oksana, The main and first advice in this case is not to hide from the bank and not try to avoid paying the debt. After all, the bank is no less interested in resolving the issue than you.

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Free legal advice:

I'm on maternity leave and can't pay my loans.

I took loans from several banks. after she went on maternity leave, she could no longer pay. I haven't paid in a home loan for more than a year, and for almost a year I haven't paid to Russian Standard and Oriental Express Bank. At first they called and threatened. The calls stopped when I found a returns company bank commissions in the hope that these, at least a little, will cover the debts. lost everywhere. when I went to the bank to get child support, I found out that the account was frozen. I immediately went to the bailiffs and wrote a statement that I would pay a certain amount every month. after which she asked for a part-time job. Today they called me from work and said that the bailiffs came with a decision and evidence that I work there. I did not see this decision and no one brought me a summons to the court. I don't know what to do now. moreover, the bank was a Russian standard, to which I would have paid 1,500 monthly through the court anyway. Can I stop receiving benefits to pay off my debt? and more on maternal capital bought an apartment and registered there temporarily, can they describe the property in this apartment, given that there are three owners?

question asked 4 years ago

Answers on questions

Article 101. Types of income that cannot be levied

1. Foreclosure cannot be levied on the following types of income:

Free legal advice:

1) amounts of money paid in compensation for harm caused to health;

2) amounts of money paid in compensation for harm in connection with the death of the breadwinner;

3) sums of money paid to persons who have received injuries (wounds, injuries, concussions) in the performance of their official duties, and to members of their families in the event of death (death) of these persons;

4) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens affected by radiation or man-made disasters;

5) compensation payments at the expense of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets to citizens in connection with the care of disabled citizens;

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6) monthly cash payments and (or) annual cash payments accrued in accordance with the legislation of the Russian Federation to certain categories of citizens (compensation for travel, purchase of medicines, etc.);

7) amounts of money paid as alimony, as well as amounts paid for the maintenance of minor children during the search for their parents;

8) compensation payments established by the legislation of the Russian Federation on labor:

a) in connection with a business trip, with transfer, admission or assignment to work in another locality;

b) in connection with the wear of the tool belonging to the employee;

Free legal advice:

c) amounts of money paid by the organization in connection with the birth of a child, with the death of relatives, with the registration of marriage;

9) insurance coverage for compulsory social insurance, with the exception of old-age pensions, disability pensions and temporary disability benefits;

10) survivor's pensions paid out of the federal budget;

11) payments to pensions in case of loss of a breadwinner at the expense of the budgets of the constituent entities of the Russian Federation;

12) allowances to citizens with children, paid at the expense of the federal budget, state off-budget funds, budgets of constituent entities of the Russian Federation and local budgets;

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13) maternity (family) capital funds provided for by Federal Law No. 256-FZ of December 29, 2006 “On Additional Measures of State Support for Families with Children”;

14) the amount of one-time material assistance paid out of the federal budget, the budgets of the constituent entities of the Russian Federation and local budgets, off-budget funds, at the expense of foreign states, Russian, foreign and interstate organizations, other sources:

a) in connection with a natural disaster or other emergency;

b) in connection with a terrorist act;

c) in connection with the death of a family member;

d) in the form of humanitarian aid;

e) for rendering assistance in the detection, prevention, suppression and disclosure of terrorist acts and other crimes;

15) the amount of full or partial compensation for the cost of vouchers, with the exception of travel, paid by employers to their employees and (or) members of their families, disabled people who do not work in this organization, to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation, as well as amounts full or partial compensation of the cost of vouchers for children under the age of sixteen years old to sanatorium-resort and health-improving institutions located on the territory of the Russian Federation;

16) the amount of compensation for the cost of travel to the place of treatment and back (including the accompanying person), if such compensation is provided for by federal law;

17) social benefit for burial.

2. For maintenance obligations in respect of minor children, as well as for obligations to compensate for harm in connection with the death of the breadwinner, the restrictions on foreclosure established by clauses 1 and 4 of part 1 of this article shall not apply.

Article 69

1.1. Foreclosure on pledged property on the basis of a notary's executive inscription may include the seizure of property and its transfer to the pledgee for the subsequent sale of this property in accordance with the Civil Code of the Russian Federation, Federal Law of July 16, 1998 N 102-FZ "On Mortgage (Pledge of Real Estate)" (hereinafter - Federal Law "On Mortgage (Pledge of Real Estate)") and the Law of the Russian Federation dated May 29, 1992 N "On Pledge" (hereinafter referred to as the Law of the Russian Federation "On Pledge").

(part one.1 was introduced by Federal Law No. 306-FZ of December 30, 2008)

2. Recovery on the debtor's property, including money in rubles and foreign currency, is drawn in the amount of the debt, that is, in the amount necessary to fulfill the requirements contained in the executive document, taking into account the collection of costs for the commission of enforcement actions and the performance fee imposed by the bailiff in the process of execution of the executive document.

3. Foreclosure on the property of the debtor under executive documents is drawn primarily on his funds in rubles and foreign currency and other valuables, including those located on accounts, deposits or stored in banks and other credit organizations, with the exception of the debtor's funds on the trading and (or) clearing accounts. Foreclosure on the debtor's funds in foreign currency is levied in the absence or insufficiency of the debtor's funds in rubles.

(as amended by Federal Law No. 8-FZ of February 7, 2011)

4. In the absence or insufficiency of the debtor's funds, execution is levied on other property belonging to him on the basis of the right of ownership, economic management and (or) operational management, with the exception of property withdrawn from circulation and property that, in accordance with federal law, is not foreclosure may be levied, regardless of where and in whose actual possession and (or) use it is located.

5. The debtor has the right to indicate the property on which he asks to foreclose in the first place. Finally, the sequence of foreclosure on the debtor's property is determined by the bailiff.

6. If the debtor has property that belongs to him by right common property, then recovery is levied on the debtor's share, determined in accordance with federal law.

6.1. When allocating, in accordance with the Federal Law “On Investment Partnership”, a partner’s share in the common property of partners for debts of a participant in an investment partnership agreement, no funds can be levied on funds that make up the shares of other participants in an investment partnership agreement in the common property of partners and are on the account of an investment partnership to carry out operations under an investment partnership agreement.

(Part 6.1 was introduced by Federal Law No. 336-FZ of November 28, 2011)

7. The debtor, at the request of the bailiff-executor, is obliged to provide information about his rights to property, including exclusive and other rights to the results of intellectual activity and means of individualization, rights of claim under contracts for the alienation or use of these rights, in the amount of debt determined by in accordance with paragraph 2 of this article.

8. If there is no information about the debtor's property, then the bailiff requests this information from the tax authorities, other authorities and organizations, based on the amount of debt, determined in accordance with part 2 of this article. At the same time, the bailiff requests the necessary information from the bodies that carry out state registration of rights to property, persons that keep records of rights to securities, banks and other credit organizations with the permission in writing of the senior bailiff or his deputy. The recoverer, if he has a writ of execution with an unexpired deadline for presentation for execution, has the right to apply to the tax authority with an application for the provision of this information.

(as amended by Federal Law No. 225-FZ of July 18, 2011)

9. Tax authorities, banks and other credit organizations may be requested to provide information on:

1) on the name and location of banks and other credit organizations in which the accounts of the debtor are opened;

2) on the numbers of settlement accounts, the amount and movement of funds in rubles and foreign currency;

3) other valuables of the debtor kept in banks and other credit institutions.

10. Tax authorities, bodies carrying out state registration of rights to property, persons carrying out registration of rights to securities, banks and other credit organizations, other bodies and organizations provide the requested information within seven days from the date of receipt of the request.

Answer the question

1. If the child's father, who pays alimony, goes on maternity leave to care for his other child (as far as I understand, this is not prohibited by law). How will alimony be collected in this case, and is such a recovery possible at all?
2. In questions to you, there are many complaints about the work of bailiffs. Previously. As far as I know, bailiffs received 7% of the enforcement fee, and then these 7% began to go to the state. What caused such changes, and how does the FSSP currently stimulate its employees to quality work?
3. Some time ago there was talk about the transfer of enforcement proceedings from the SSP to private companies.

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The fact is that parents are obliged to support their minor children, regardless of the availability of income. However, the court, with a significant change in the financial situation of the parties, has the right (but is not obliged) to increase or decrease the amount of alimony, to release from their payment. Therefore, apply to the court with a requirement to reduce the amount of alimony in connection with a change in your financial situation. But as long as it has not changed, there are no grounds for appealing. It is impossible to say in advance what decision the court will make. If the debt accumulates, there must also be good reasons for exemption from its payment - such, for example, include disability, serious illness. It is unlikely that being on maternity leave can be regarded as such.

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Either parent can go on parental leave. For the period of this vacation, he can generally sue to release him from the payment of alimony.
After the end of the vacation, it will still pay you 1/6 of your income. There will be no child support debt.
In your situation, just negotiate.

1. Exemption from payment of alimony arrears or reduction of this debt when alimony is paid by agreement of the parties is possible by mutual agreement of the parties, except in cases of payment of alimony for minor children.
2. The court shall have the right, at the claim of a person obliged to pay alimony, to release him in whole or in part from the payment of alimony arrears, if it establishes that the non-payment of alimony took place due to the illness of this person or for other valid reasons and his financial and family situation does not allow the ability to pay off the resulting debt on alimony.

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In accordance with Art. 113 p. 4 of the Family Code of the Russian Federation, if the person paying the alimony does not work and does not receive a salary, the bailiff must determine the amount of debt for alimony based on the average salary in the Russian Federation at the time of debt collection.

Thus, it is not necessary to wait until the debtor returns to work. Not to mention the fact that the bailiff is obliged to foreclose on the debtor's property, that is, describe it, seize it, sell it and send the money to pay off the debt. The inaction of bailiffs in solving this problem can be appealed in court. You can also complain to the Chief Bailiff

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There are still legal ways to get rid of the payment of alimony. Of course, no one says that you can completely get rid of this responsibility. But, it is possible that some of the options, which we will discuss below, may suit you.
Russian legislation states that you have the right to transfer ownership of the property to your children in exchange for a permanent payment of alimony. When making such a transaction, please note that it will be executed only if you have permission from the guardianship and guardianship authorities. The procedure must be verified state registration and a notary. This transaction will be negotiated in the element payment agreement. What is meant here? If you have a court decision in your hands that you need to pay alimony, then this method may not even be considered, it will not suit you.
If you go to higher educational institution, provide the guardianship authorities with documents confirming this fact, and you can legally reduce the amount of alimony due to additional costs.

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Article 113. Determination of debt on alimony

1. Collection of alimony for the past period on the basis of an agreement on the payment of alimony or on the basis of a writ of execution shall be carried out within a three-year period preceding the presentation of a writ of execution or a notarized agreement on the payment of alimony for collection.
2. In cases where alimony withholding on the basis of a writ of execution or on the basis of a notarized agreement on the payment of alimony was not made through the fault of the person obliged to pay alimony, alimony is collected for the entire period, regardless of the three-year period established by paragraph 2 of Article 107 of this Code.
3. The amount of debt is determined by the bailiff on the basis of the amount of alimony determined by a court decision or an agreement on the payment of alimony.
4. The amount of debt on alimony paid for minor children in accordance with Article 81 of this Code is determined based on the earnings and other income of the person obliged to pay alimony for the period during which no alimony was collected. In cases where the person obliged to pay alimony did not work during this period or if documents confirming his earnings and (or) other income are not presented, the alimony debt is determined based on the average wage in the Russian Federation at the time of debt collection. If such a definition of debt significantly violates the interests of one of the parties, the party whose interests are violated has the right to apply to the court, which can determine the debt in a fixed amount of money based on the material and marital status of the parties and other circumstances worthy of attention.
5. In case of disagreement with the determination of alimony arrears by a bailiff, either of the parties may appeal against the actions bailiff in the manner prescribed by civil procedural legislation.
6. The amounts of the monthly allowance for a child established by federal law, paid during the period of the search for his parents who evade the payment of alimony, in part of their fifty percent increase, are recovered from these parents with an accrual of ten percent of the amounts paid to the budgets of the constituent entities of the Russian Federation. These claims are equated to claims for the payment of alimony.